MADISON -- A Madison man seeks money damages, injunctive action and "other equitable and legal relief" for what he calls unlawful discrimination and retaliation that ended his employment at Boone County Foodland.

Joshua Hawk alleges in Boone Circuit Court filings on April 21 that he was discharged from the Facemire Foods-South store "for having a perceived disability and/or for filing a workers' compensation claim ..."

Hawk was employed as a general laborer with duties that included stocking shelves and placing displays.

Attorney Mark L. French of Charleston represents that Hawk was instructed on Feb. 5, 2009, "to place a display case on top of a dairy cooler" said to be 18 feet in height when he injured his back.

He was taken to a hospital by a Foodland owner, Dan Facemire, treated in the emergency room and ordered to follow-up with a family doctor, the complaint says.

Eventually there was diagnosis of "a bulging disk and bulging sacrum," according to the complaint, and Foodland's workers' compensation insurance carrier, Brickstreet, approving follow-up care.

Hawk was released for work "with a 25-pound lifting restriction," complaint relates, and when he met with store manager Gary Isaac and owner Facemire he was informed he had to be released with no restrictions in order to return to work.

Complaint says Hawk was released Aug. 10, 2009, with no work restrictions, but was not re-hired.

He's demanding jury trial seeking the following relief: Permanent injunction ordering Foodland to cease and desist from engaging in the unlawful conduct alleged in complaint; award of back and front pay, including all eligible benefits; compensatory and punitive damages; out-of-pocket losses; pre- and post-judgment interest; costs of litigation; plus such other relief deemed appropriate.

The case has been assigned to Circuit Judge William S. Thompson.

Boone Circuit Court case number: 11-C-84

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